OMEGA VIDEO INC. v. SUPERIOR COURT

Docket No. 68324.

146 Cal.App.3d 470 (1983)

194 Cal. Rptr. 574

OMEGA VIDEO INCORPORATED, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROBERT BOSCH CORPORATION et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

August 24, 1983.


Attorney(s) appearing for the Case

COUNSEL

Ayscough, Marar & Parke and Brent Ayscough for Petitioner.

No appearance for Respondent.

Lillick, McHose & Charles, Robert L. Morrison, Gerald R. Whitt and Mason C. Brown for Real Parties in Interest.


OPINION

KINGSLEY, Acting P.J.

This proceeding in mandate requires resolution of an apparent conflict between two principles of civil procedure which is created by an unlikely concurrence of pleading mistakes concerning a particular defendant. The first principle is that an entry of a general appearance on behalf of a defendant by an unauthorized attorney allows the defendant to withdraw from the action upon an evidentiary showing...

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